103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3819

 

Introduced 2/17/2023, by Rep. Matt Hanson

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 820/1
5 ILCS 820/5
5 ILCS 820/10
5 ILCS 820/15
5 ILCS 820/20
5 ILCS 820/21
5 ILCS 820/30
5 ILCS 820/35

    Amends the Community-Law Enforcement and Other First Responder Partnership for Deflection and Substance Use Disorder Treatment Act. Changes the Act name to the Community Partnership for Deflection and Substance Use Disorder Treatment Act. Modifies and adds definitions. Provides that A law enforcement agency, other first responder entity, or local government agency (rather than only a law enforcement agency or other first responder entity) may establish a deflection program in partnership with one or more licensed providers of substance use disorder treatment services and one or more community members or organizations. Provides that a deflection program may involve a pre-arrest diversion response and proactive identification of persons thought likely to have an untreated or undiagnosed mental illness. Provides that a local deflection program shall also include case management and restorative justice aspects. Provides that a deflection program may accept, receive, and disburse, in furtherance of its duties and functions, any funds, grants, and services made available by the State and its agencies, the federal government and its agencies, units of local government, and private or civic sources. Provides that activities eligible for funding under the Act include naloxone and related harm reduction supplies (rather than related supplies) necessary for carrying out overdose prevention and reversal (rather than overdose reversal) for purposes of distribution to program participants or for use by law enforcement, other first responders, or local governmental agencies and wraparound participant funds to be used to incentivize participation and meet participant needs. Provides that the Legislative Reference Bureau shall reassign the Act in the Illinois Compiled Statutes (to reflect the addition of local government agencies to the Act).


LRB103 29980 AWJ 56399 b

 

 

A BILL FOR

 

HB3819LRB103 29980 AWJ 56399 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community-Law Enforcement and Other First
5Responder Partnership for Deflection and Substance Use
6Disorder Treatment Act is amended by changing Sections 1, 5,
710, 15, 20, 21, 30, and 35 as follows:
 
8    (5 ILCS 820/1)
9    Sec. 1. Short title. This Act may be cited as the Community
10Community-Law Enforcement and Other First Responder
11Partnership for Deflection and Substance Use Disorder
12Treatment Act.
13(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
14    (5 ILCS 820/5)
15    Sec. 5. Purposes. The General Assembly hereby acknowledges
16that opioid use disorders, overdoses, and deaths in Illinois
17are persistent and growing concerns for Illinois communities.
18These concerns compound existing challenges to adequately
19address and manage substance use and mental health disorders.
20Local government agencies, law Law enforcement officers, other
21first responders, and co-responders have a unique opportunity
22to facilitate connections to community-based services,

 

 

HB3819- 2 -LRB103 29980 AWJ 56399 b

1including case management, and mental and behavioral health
2interventions that provide harm reduction or substance use
3treatment and can help save and restore lives; help reduce
4drug use, overdose incidence, criminal offending, and
5recidivism; and help prevent arrest and conviction records
6that destabilize health, families, and opportunities for
7community citizenship and self-sufficiency. These efforts are
8bolstered when pursued in partnership with licensed behavioral
9health treatment providers and community members or
10organizations. It is the intent of the General Assembly to
11authorize law enforcement, and other first responders, and
12local government agencies to develop and implement
13collaborative deflection programs in Illinois that offer
14immediate pathways to substance use treatment and other
15services as an alternative to traditional case processing and
16involvement in the criminal justice system, and to unnecessary
17admission to emergency departments.
18(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
19    (5 ILCS 820/10)
20    Sec. 10. Definitions. In this Act:
21    "Case management" means those services which use
22evidence-based practices, including harm reduction and
23motivational interviewing, to will assist persons in gaining
24access to needed social, educational, medical, substance use
25and mental health treatment, and other services.

 

 

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1    "Community member or organization" means an individual
2volunteer, resident, public office, or a not-for-profit
3organization, religious institution, charitable organization,
4or other public body committed to the improvement of
5individual and family mental and physical well-being and the
6overall social welfare of the community, and may include
7persons with lived experience in recovery from substance use
8disorder, either themselves or as family members.
9    "Other first responder" means and includes emergency
10medical services providers that are public units of
11government, fire departments and districts, and officials and
12responders representing and employed by these entities.
13    "Deflection program" means a program in which a peace
14officer or member of a law enforcement agency, or other first
15responder, or local government agency facilitates contact
16between an individual and a licensed substance use treatment
17provider, or clinician, or case management agency for
18assessment and coordination of treatment planning, including
19co-responder approaches that incorporate behavioral health,
20peer, or social work professionals with law enforcement or
21other first responders at the scene. This facilitation
22includes defined criteria for eligibility and communication
23protocols agreed to by the law enforcement agency or other
24first responder entity and the licensed treatment provider or
25case management agency for the purpose of providing substance
26use treatment or care collaboration to those persons in lieu

 

 

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1of arrest or further justice system involvement, or
2unnecessary admissions to the emergency department. Deflection
3programs may include, but are not limited to, the following
4types of responses:
5        (1) a post-overdose deflection response initiated by a
6    peace officer or law enforcement agency subsequent to
7    emergency administration of medication to reverse an
8    overdose, or in cases of severe substance use disorder
9    with acute risk for overdose;
10        (2) a self-referral deflection response initiated by
11    an individual by contacting a peace officer, or law
12    enforcement agency, or other first responder, or local
13    government agency in the acknowledgment of their substance
14    use or disorder;
15        (3) an active outreach deflection response initiated
16    by a peace officer, or law enforcement agency, or other
17    first responder, or local government agency as a result of
18    proactive identification of persons thought likely to have
19    a substance use disorder or untreated or undiagnosed
20    mental illness;
21        (4) an officer, or other first responder, or local
22    government agency prevention deflection response initiated
23    by a peace officer, or law enforcement agency, or local
24    government agency in response to a community call when no
25    criminal charges are present; and
26        (5) an officer intervention deflection response when

 

 

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1    criminal charges are present but held in abeyance pending
2    engagement with treatment; and .
3        (6) pre-booking diversion response initiated by law
4    enforcement when criminal charges are possible, but the
5    individual is diverted to case management services in lieu
6    of charges.
7    "Harm reduction" means a reduction of, or attempt to
8reduce, the adverse consequences of substance use, including,
9but not limited to, by addressing the substance use and
10conditions that give rise to the substance use. "Harm
11reduction" includes, but is not limited to, syringe service
12programs, naloxone distribution, and public awareness
13campaigns about the Good Samaritan Act.
14    "Law enforcement agency" means a municipal police
15department or county sheriff's office of this State, the
16Illinois State Police, or other law enforcement agency whose
17officers, by statute, are granted and authorized to exercise
18powers similar to those conferred upon any peace officer
19employed by a law enforcement agency of this State.
20    "Licensed treatment provider" means an organization
21licensed by the Department of Human Services to perform an
22activity or service, or a coordinated range of those
23activities or services, as the Department of Human Services
24may establish by rule, such as the broad range of emergency,
25outpatient, intensive outpatient, and residential services and
26care, including assessment, diagnosis, case management,

 

 

HB3819- 6 -LRB103 29980 AWJ 56399 b

1medical, psychiatric, psychological and social services,
2medication-assisted treatment, care and counseling, and
3recovery support, which may be extended to persons to assess
4or treat substance use disorder or to families of those
5persons.
6    "Local government agency" means a county, municipality, or
7township office, a State's Attorney's Office, a Public
8Defender's Office, or a local health department.
9    "Peace officer" means any peace officer or member of any
10duly organized State, county, or municipal peace officer unit,
11any police force of another State, or any police force whose
12members, by statute, are granted and authorized to exercise
13powers similar to those conferred upon any peace officer
14employed by a law enforcement agency of this State.
15    "Substance use disorder" means a pattern of use of alcohol
16or other drugs leading to clinical or functional impairment,
17in accordance with the definition in the Diagnostic and
18Statistical Manual of Mental Disorders (DSM-5), or in any
19subsequent editions.
20    "Treatment" means the broad range of emergency,
21outpatient, intensive outpatient, and residential services and
22care (including assessment, diagnosis, case management,
23medical, psychiatric, psychological and social services,
24medication-assisted treatment, care and counseling, and
25recovery support) which may be extended to persons who have
26substance use disorders, persons with mental illness, or

 

 

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1families of those persons.
2(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
3102-813, eff. 5-13-22.)
 
4    (5 ILCS 820/15)
5    Sec. 15. Authorization.
6    (a) Any law enforcement agency, or other first responder
7entity, or local government agency may establish a deflection
8program subject to the provisions of this Act in partnership
9with one or more licensed providers of substance use disorder
10treatment services and one or more community members or
11organizations. Programs established by another first responder
12entity or a local government agency shall also include a law
13enforcement agency.
14    (b) The deflection program may involve a post-overdose
15deflection response, a self-referral deflection response, a
16pre-arrest diversion response, an active outreach deflection
17response, an officer or other first responder prevention
18deflection response, or an officer intervention deflection
19response, or any combination of those.
20    (c) Nothing shall preclude the General Assembly from
21adding other responses to a deflection program, or preclude a
22law enforcement agency, or other first responder entity, or
23local government agency from developing a deflection program
24response based on a model unique and responsive to local
25issues, substance use or mental health needs, and

 

 

HB3819- 8 -LRB103 29980 AWJ 56399 b

1partnerships, using sound and promising or evidence-based
2practices.
3    (c-5) Whenever appropriate and available, case management
4should be provided by a licensed treatment provider or other
5appropriate provider and may include peer recovery support
6approaches.
7    (d) To receive funding for activities as described in
8Section 35 of this Act, planning for the deflection program
9shall include:
10        (1) the involvement of one or more licensed treatment
11    programs and one or more community members or
12    organizations; and
13        (2) an agreement with the Illinois Criminal Justice
14    Information Authority to collect and evaluate relevant
15    statistical data related to the program, as established by
16    the Illinois Criminal Justice Information Authority in
17    paragraph (2) of subsection (a) of Section 25 of this Act.
18        (3) an agreement with participating licensed treatment
19    providers authorizing the release of statistical data to
20    the Illinois Criminal Justice Information Authority, in
21    compliance with State and Federal law, as established by
22    the Illinois Criminal Justice Information Authority in
23    paragraph (2) of subsection (a) of Section 25 of this Act.
24(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
25101-652, eff. 7-1-21.)
 

 

 

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1    (5 ILCS 820/20)
2    Sec. 20. Procedure. The law enforcement agency, or other
3first responder entity, local government agency, licensed
4treatment providers, and community members or organizations
5shall establish a local deflection program plan that includes
6protocols and procedures for participant identification,
7screening or assessment, case management, treatment
8facilitation, reporting, restorative justice, and ongoing
9involvement of the law enforcement agency. Licensed substance
10use disorder treatment organizations shall adhere to 42 CFR
11Part 2 regarding confidentiality regulations for information
12exchange or release. Substance use disorder treatment services
13shall adhere to all regulations specified in Department of
14Human Services Administrative Rules, Parts 2060 and 2090.
15    A deflection program organized and operating under this
16Act may accept, receive, and disburse, in furtherance of its
17duties and functions, any funds, grants, and services made
18available by the State and its agencies, the federal
19government and its agencies, units of local government, and
20private or civic sources.
21(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
22    (5 ILCS 820/21)
23    Sec. 21. Training. Employees of the The law enforcement
24agency, or other first responder entity, or local government
25agency who are participating in programs that receive funding

 

 

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1for services under Section 35 of this Act shall and that
2receive training under subsection (a.1) of Section 35 shall be
3trained in:
4        (a) Neuroscience of Addiction for Law Enforcement;
5        (b) Medication-Assisted Treatment;
6        (c) Criminogenic Risk-Need for Health and Safety;
7        (d) Why Drug Treatment Works?;
8        (e) Eliminating Stigma for People with Substance-Use
9    Disorders and Mental Health;
10        (f) Avoiding Racial Bias in Deflection Program;
11        (g) Promotion Racial and Gender Equity in Deflection;
12        (h) Working With Community Partnerships; and
13        (i) Deflection in Rural Communities; and .
14        (j) Harm Reduction.
15(Source: P.A. 101-652, eff. 7-1-21.)
 
16    (5 ILCS 820/30)
17    Sec. 30. Exemption from civil liability. The law
18enforcement agency, or peace officer, or other first
19responder, or local government agency or employee of the
20agency acting in good faith shall not, as the result of acts or
21omissions in providing services under Section 15 of this Act,
22be liable for civil damages, unless the acts or omissions
23constitute willful and wanton misconduct.
24(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 

 

 

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1    (5 ILCS 820/35)
2    Sec. 35. Funding.
3    (a) The General Assembly may appropriate funds to the
4Illinois Criminal Justice Information Authority for the
5purpose of funding law enforcement agencies, or other first
6responder entities, or local government agencies for services
7provided by deflection program partners as part of deflection
8programs subject to subsection (d) of Section 15 of this Act.
9    (a.1) Up to 10 percent of appropriated funds may be
10expended on activities related to knowledge dissemination,
11training, technical assistance, or other similar activities
12intended to increase practitioner and public awareness of
13deflection and/or to support its implementation. The Illinois
14Criminal Justice Information Authority may adopt guidelines
15and requirements to direct the distribution of funds for these
16activities.
17    (b) For all appropriated funds not distributed under
18subsection (a.1), the Illinois Criminal Justice Information
19Authority may adopt guidelines and requirements to direct the
20distribution of funds for expenses related to deflection
21programs. Funding shall be made available to support both new
22and existing deflection programs in a broad spectrum of
23geographic regions in this State, including urban, suburban,
24and rural communities. Funding for deflection programs shall
25be prioritized for communities that have been impacted by the
26war on drugs, communities that have a police/community

 

 

HB3819- 12 -LRB103 29980 AWJ 56399 b

1relations issue, and communities that have a disproportionate
2lack of access to mental health and drug treatment. Activities
3eligible for funding under this Act may include, but are not
4limited to, the following:
5        (1) activities related to program administration,
6    coordination, or management, including, but not limited
7    to, the development of collaborative partnerships with
8    licensed treatment providers and community members or
9    organizations; collection of program data; or monitoring
10    of compliance with a local deflection program plan;
11        (2) case management including case management provided
12    prior to assessment, diagnosis, and engagement in
13    treatment, as well as assistance navigating and gaining
14    access to various treatment modalities and support
15    services;
16        (3) peer recovery or recovery support services that
17    include the perspectives of persons with the experience of
18    recovering from a substance use disorder, either
19    themselves or as family members;
20        (4) transportation to a licensed treatment provider or
21    other program partner location;
22        (5) program evaluation activities;
23        (6) naloxone and related harm reduction supplies
24    necessary for carrying out overdose prevention and
25    reversal for purposes of distribution to program
26    participants or for use by law enforcement, or other first

 

 

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1    responders, or local government agencies; and
2        (7) treatment necessary to prevent gaps in service
3    delivery between linkage and coverage by other funding
4    sources when otherwise non-reimbursable; and .
5        (8) wraparound participant funds to be used to
6    incentivize participation and meet participant needs.
7    Eligible items include, but are not limited to, clothing,
8    transportation, application fees, emergency shelter,
9    utilities, toiletries, medical supplies, haircuts, and
10    snacks. Food and drink is allowed if it is necessary for
11    the program's success where it incentivizes participation
12    in case management or addresses an emergency need as a
13    bridge to self-sufficiency when other sources of emergency
14    food are not available.
15    (c) Specific linkage agreements with recovery support
16services or self-help entities may be a requirement of the
17program services protocols. All deflection programs shall
18encourage the involvement of key family members and
19significant others as a part of a family-based approach to
20treatment. All deflection programs are encouraged to use
21evidence-based practices and outcome measures in the provision
22of case management, substance use disorder treatment, and
23medication-assisted treatment for persons with opioid use
24disorders.
25(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
26102-813, eff. 5-13-22.)
 

 

 

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1    Section 95. Illinois Compiled Statutes reassignment. The
2Legislative Reference Bureau shall reassign the following Act
3to the specified location in the Illinois Compiled Statutes
4and file appropriate documents with the Index Division of the
5Office of the Secretary of State in accordance with subsection
6(c) of Section 5.04 of the Legislative Reference Bureau Act:
7    Community Partnership for Deflection and Substance Use
8Disorder Treatment Act, reassigned from 5 ILCS 820/ to 50 ILCS
971/.